Analyzing the Reasons for the Lack of Paternal Retribution in Iranian Criminal Law due to the Killing of a Child, Considering the Rights of Children

The rules and regulations of all countries are established based on specific values and goals, and what distinguishes them is the principles, aims and structures; The different human views on these titles cause fundamental differences in the actions and behavior of people and governments. The rules of the Islamic Republic of Iran are also based on Islamic principles; now this question arises, why some rules of Islam and IRI’s laws about children are contrary to reason? For instant, in case of killing a child by his father, according to the Islamic law, the father cannot be executed; but utmost, this father, who was the murderer, can be convicted to prison for 3 years up to 10 years, based on the general aspect of the crime. The current research was done based on the descriptive-analytical method and citing library sources. The findings of the research prove that the execution of father for killing his child, although it seems reasonable apparently, but as a matter of fact, this case is excluded based on real expediencies and disadvantages; Because if the laws related to children are carefully checked, it will be reached that in the Islam point of view, unlike other communities, the humanistic view (anthropocentric) in the establishment of such rules is rejected, and the best ruling in this matter is not to retribute the father; insomuch it causes survival of family relationships and helps the community growth.